Incorrect fact

The FtT took well over an hour tearing my client apart.  The FtT made detailed findings, “At all material times the appellant was said to suffer from——which presented problems intermittently”.  The claimant was suffering from a different condition that had different symptoms.  The diagnosed condition was mentioned in the GP’s report and in my submission - the condition was glaringly obvious.  The UT judge found this an error of law and set aside the decision.
The ESA appeal panel had a doctor allegedly knew about the appellant’s MEDICAL condition and the judge who professed to know a lot about the medical conditions and about the pharmocology.
My questions are:
1) What is the medical member’s role? Where in the law it is difined?
2) Are both the judge and the medical member subject to complaint?  Had my client not had assistance from the Advice Agency such as ours, what would have happened to him?  Is this not a grave matter?  Am I not concerned about those unrepresented appellants who are exposed to this kind of blatant lies thrown at them whilst dismissing the appeals?

I once got into trouble arguing that a Tribunal couldn’t disturb a diagnosis; Judges were retrained off the back of Comm’r Jacobs’ refusal of my application for leave to appeal. I looked like a right berk… at least according to one District Chair at the time.

There is, I suspect, something more to your decision than one perverse fact found; medical evidence not properly addressed in the reasons maybe. If it’s something as boring as that they probably got a rollocking any way; I know the last Regional Judge round here was known for bending peoples’ ears when they made daft errors like that.

A medical member’s role isn’t defined per se; they just need to be suitably qualified; I believe GMC registration is the bar. I know I’ve met some very tough doctors while I’ve been doing the rounds.

It’s a while since I’ve read the Judicial Complaints rules but I’d doubt you’d pass the bar for a complaint; we never found one that would manage back when we were trying to. You’re looking at “conduct unbecoming” and giving an appellant a “robust” time is part and parcel of some Judges’ role as they see it… There’s less now than there used to be though.

I once caught a chair snogging someone, looked like they’d paid for the company so to speak; that and bang outside the venue too; I was having a pre hearing ciggie. If someone else could have corroborated it I would have had ‘em. That’s the kind of bar for a Judicial complaint.

At least this wasn’t today; it’s taken some serious digging to find a drop of festive spirit at DWP this year which in my experience is unusual; if that stretched to the Tribunal as well I would be thinking about a new career!